La Enfermedad

**This blog entry was written previously and is being reposted here in an effort to consolidate all articles in one location**

He estado viendo las discusíones sobre la nueva ley de Arizona #1070.  Es necesario aclarar muchas de las malas representacíones al respecto de esta ley.  Pero mas que eso, todo la discusíon evita enfrentar lo que es realmente el problema. El problema de la inmigracíon illegal es simplemente un sintoma de una enfermedad mucho mas grande.  La política económica y el ambiente de negocios en México.  Roma se quema y nadie ve el humo.

Nadie quiere reconocer lo que es mas obvío de la situacíon, la razon por la cual vienen millones de immigrantes a los Estados Unidos es que la economia en Mexico no esta suficientemente estable o fuerte para mantener empleados a todos sus ciudadanos.  Y la razón por la cual las empresas no van a Mexíco es por las reglas y la inseguridad de hacer negocios. Hay ciertos hechos que se tienen que presentar.

El dinero enviado por los trabajadores mexicanos en Estados Unidos a sus familias alcanzó la marca de 12 mil millones de dólares en el 2003.  Los envíos “son nuestra principal fuente de ingresos extranjeros, mucho más que el petróleo, el turismo o las inversiones extranjeras”, dijo (Presidente) Fox a la prensa luego de reunirse con empresarios méxico-estadounidenses. 1   En 2009 la suma de remesas a Mexico era de 21.1 billones de dólares, 15.7% menos que en el año 2008. 2  México obtuvo divisas por turismo de 11.275 billones de dólares en el 2009, menores a los 13.289 billones de dólares del año previo.3 

PEMEX anuncio que perdió 16.6 billones de pesos (1.3 billones de dólares) en el ultimo cuatrimestre del 2009 que resulto en una suma de  48.5 billones de pesos de pérdidas para él año.4 

La politica economica de Mexicoesta a la raíz del problema.  Nos tenemos que preguntar, ¿porque?
¿Porque teniendo tantos recursos naturales Mexico no sale adelante?
¿Como es posible que en esta economia global una empresa petrolera pierde dinero?
¿Que tiene la economia Mexicana que su pueblo no ve oportunidad o forma de salir adelante?
¿Porque se le hace dificil a las empresas extranjeras establescerce en Mexíco?

Hay muchas preguntas pero al fin de cuenta el problema sigue siendo el ambiente de negocios en Mexíco. Por ejemplo, el porcentage de los impuestos que le cobra el gobierno Mexicano a una empresa son 51%5  y el promedio de dias que toma un pleito comercial son 415 dias 5    para resolverse.Las grandes empresas, tal vez, estan dispuestas a soportar semejantes costos. Pero una empresa apenas formandose o una empresa de tamaño mediano, no tiene los recursos o no esta dispuesta a aceptar tan grandes desventajas y buscará otro lado para poner su negocio. 

Cada uno de nosotros quiere salir adelante y proveer para nuestros hijos algo mejor que lo que tuvimos.  En este sentido entiendo porque se vienen los latinos de todas partes.  Pero ningún país puede permitir que se ignoren sus leyes y vengan y vayan inmigrantes cuando y como quiéran.  Es hipocrecía que Mexíco, y en particular, presidente Calderon regañe al estado de Arizona cuando la verdad es que las leyes migratórias de Mexico son sumamente mas estrictas que las de los Estados Unidos o el Estado de Arizona.  Y ademas, el problema no es la ley de los Estados Unidos, mucho menos la ley de Arizona, el problema es Mexíco.
La solucíon no es ni va ser fácil, pero tiene que empesar con el gobierno de Mexico.  Los Estados Unidos pueden poner todas las leyes que quieran, pero eso no cambia las situacíon en Mexíco.  El gobierno Mexicano tiene que tomar responsabilidad de lo que pasa, y de lo sucedido desde hace muchos años.  Pero siempre se le hace mas fácil dejar las cosas como estan; en parte porque no le cuesta nada al gobierno Mexicano, al contrario recibe el pais una gran cantidad de ingresos y el gobierno no tiene que invertir nada. Y al fin el pueblo se haya entre la espada y la pared, o se quedan en Mexico en la pobreza o se van ilegalmente a los Estados Unidos a buscar oportunidad y la posibilidad de una mejor vida para sus hijos.  La desgracia es que su gobierno prefiere culpar a los Americanos en vez de verse al espejo y tomar la responsabilidad por sus politicas que no le permiten el exito a su gente.

No entiendo porque se niega la gente ver que toda la situación es economica, y la entidad responsable es el gobierno de Mexíco.  El exportacíon principal de Mexíco, desgraciadamente, no es petróleo, ni madera, es su gente. Exporta su pueblo a cambio de dinero en la forma de remesas.

Systematic Immigration Reform (Step II)

**This blog entry was written previously and is being reposted here in an effort to consolidate all articles in one location**

This is the second part in a continuing series outlining a strategy to address illegal immigration.  Please see Step One here. 

After step one is complete.  It is now possible to begin the arduous task of sorting out those individuals that are in the country illegally.  But, before we go any further there must be one absolutely understood aspect of my proposal; NO AMNESTY!! And, citizenship opportunities will be the exception not the rule, but those instances will be discussed later in the series.
The second step must be an effort to register as many illegal aliens in the country as is possible.  This would be accomplished by establishing registration sites where illegal aliens could register.
One of the most common things illegal immigrants express is– the only law they have violated is crossing the border illegally.  Well, this program will give all illegal aliens the opportunity to demonstrate their respect for the laws of this country and to prove that they are willing to abide by those laws in exchange for the opportunity to work and make a living to provide for their family.
The federal government should establish an open window of time; say 12 months, for all illegal aliens to register.  This includes adults and children (illegal immigrant children will be addressed in future steps).  The individual will have to pay a fine and an application fee (the schedule for this can be determined at a later date, the important issue is that they must be registered for the purposes of identification). At the end of the registration process the individual will be presented with a Conditional Employment and Residency Identification Card (CERIC) which will include a tax identification number.  Additionally, a CD/DVD with quick essential English lessons should be distributed, this will encourage assimilation. There may be arguments for requiring that individuals take a simple test for English at some point after issuance of the CERIC, this would only cover the most basic “survival” words and phrases. This is a debate which must be had and resolved.
Any person who fails to register within the appointed time and cannot present the CERIC after the window has closed will be summarily designated for deportation.  Most of those unwilling to register are likely the same people unwilling to abide by the law and should be dealt with accordingly.   At this point illegal aliens will be unable to use the worn out, overused meme that they “are law abiding except for crossing the border,” as an excuse/explanation for their illegal status.  They must either abide by the law as a condition for residency and employment or face deportation.
The Card will allow the individual to work in the United States for three years; at which time the individual must reapply and must be re-screened before renewal of the CERIC is granted.  This re-screening will allow the Federal Government to determine if the individual is abiding by the conditions for the residency permit; if not the individual shall be processed for deportation.  If ANY individual fails to reapply for the CERIC after the initial three years, they have, ipso facto, violated the conditions of the CERIC and shall be detained and processed for deportation.  All holders of the CERIC will be afforded habeas corpus, but upon a felony conviction or a third misdemeanor crime (not to include traffic violations except DUI) the individual should be complete his/her sentence and be subsequently deported.
The Tax ID number will be used to track and collect individual annual federal and state income tax.  There shall be NO opportunity for the individual to apply for collect or otherwise receive any social security benefits from the United States government or state governments to include food stamps, Medicare, Medicaid, Welfare, or housing assistance. In other words, the only benefit they will receive through the temporary worker program is the opportunity to find employment, period. The card will also allow the immigrant to get a bank account, driver’s license, insurance and other civil actions.  There will certainly be those that argue that this is unjust, but illegal immigrants themselves consistently say that all they want is the opportunity to work and make a living. 
The registration process will allow for identification of the person, to include fingerprints, DNA sample and photo identification.  The card should be equipped with either a magnetic strip, bar code, or micro-chip with all identification information embedded for use by law enforcement.   Additionally, the individual will be screened for any outstanding warrants and civil subpoenas, as well as a criminal record check.  Any one found with a felony conviction or more than three misdemeanor convictions shall be denied a work permit and be processed for deportation.  Anyone with an outstanding arrest warrant shall be arrested and extradited to the corresponding jurisdiction for prosecution and subsequent deportation.
All individuals, who desire to become a resident, and subsequently a citizen, must repatriate to their home country and apply for a visa and/or residency through already established processes.
And finally, I would immediately increase the quota for visas from Central and South America and Europe as well, and allow 200-300% more immigrants a year to enter the US.  If Mexico and South American and European countries are going to willingly allow their citizens to seek out economic exile, which has the resulting effect of draining those countries of their best talent in all areas, then we should expedite and facilitate the assimilation and absorption of all these people as soon as practicable.  It is in the interests of the United States to bring in as many engineers, doctors, dentists, IT professionals, nurses, scientists and businessmen as soon as possible into the country which will fuel small business and the overall economy.
The problem is not with immigrants coming into this country and finding a new way of life by complying with immigration laws.  Americans welcome legal immigrants with open arms. I for one would like the process to be easier and quicker. Additionally, I would like the process expanded to more people, and afford them a shot at the American Dream, as it was afforded to my parents and to me; through a process of assimilation into the culture.  What I don’t want is entire segment of the population who has shown blatant disregard for the law to be rewarded.  A population of illegal aliens who will take advantage of the opportunity, liberty, and freedom this country provides while at the same time denigrating the country that provides it.  What I don’t want is a segment of society made up of illegal aliens who will tell you of the lawlessness and disrespect for the rule of law in their country of origin as they shamelessly ignore the laws and create evermore lawlessness in this country.
This concludes step two.  The next step will begin to address the “exceptions” and a “path to citizenship” for certain subsets of individuals.  After all the United States as a country has traditionally been and continues to be the most compassionate and welcoming country in the world.

SYSTEMATIC IMMIGRATION REFORM (SIR) – STEP ONE

**This blog entry was written previously and is being reposted here in an effort to consolidate all articles in one location**

This is an open letter to Conservatives. Please stop
engaging in debates on the subject of comprehensive
immigration reform. Conservatives and anyone with common sense should oppose, not only comprehensive immigration reform, but ANY legislation where comprehensive is part of the title. This includes comprehensive banking reform, comprehensive health reform (too late for that one), comprehensive election reform, and comprehensive energy policy.

I use the example of having an old 68 mustang in your garage. You can not and will never be able to comprehensively fix that car. It is impossible. Even if you had a garage full of ASE certified mechanics and restorers, and you told them all to begin it would be impossible.

Why? Because even then they would all  be eager to get started they would only get in each others way. One group would want to jack the car up. Someone would be taking out the dash, while still others would be trying to take out the interior. It would be chaos. Yet that is what the government did with healthcare, and now wants to do with the banking industry and immigration policy.

The real answer is systematic reform. In our example, the most logical thing to do is to check the frame and ensure that it can sustain and accommodate all the rest of the subsequent repairs and/or modifications. A rebuilt engine that runs great means nothing if installed on a bent or rusting frame. It is not until after the first step that you can move on to the engine and rebuild it, install fresh gaskets, and rings and anything necessary to get running well. Once that is done you pull the transmission, etc… Usually, you go through the restoration systematically to ensure each change progresses toward the ultimate goal. Occasionally, it is to be expected that some part doesn’t quite fit or needs to be rebuilt in order for the previous repair or change to work properly within the context of the restoration.

All these concepts apply to immigration reform. The reformation/restoration of immigration policy must be done systematically. The first step is to find the area in dire need of fixing and attack that isolated problem. It will do no good to try and fix everything at once. In the case of immigration reform, the number one most pressing problem is the actual border. That is what must be fixed before any other problem can be addressed, much like the frame in our example, it does absolutely no good to write policy without first addressing the issue that makes the policy necessary in the first place.

We must build a wall! Not a virtual wall, a real 20-40 foot wall that will serve as real deterrent to illegal aliens attempting to enter into the country illegally. I would even go as far as suggesting a double wall where the first wall and second wall create a “dry moat” along the border so that those that cross over the border are

trapped between the two walls which would give border patrol agents time to intercept and detain illegal border crossers. This wall, contrary to popular belief, would not stop ALL illegal border crossers, but it would deter a great majority of them. Obviously without a wall we will never know exactly how much the deterrent effect might be, but I would speculate that it could cut illegal border crossers by 65-75 percent. Many will argue that the fence will do no good. But in a Congressional Research Service report to Congress it was reported that “After the IIRIRA’s mandate for increased enforcement along the Southwest border
in 1996, including construction of the triple-fence, apprehensions dropped rapidly in the San Diego sector in the late 1990s — from 480,000 in FY1996 to 100,000 in FY2002. The reduction in apprehensions was even more marked in the areas where fencing was constructed within San Diego sector. The USBP’s Imperial Beach and Chula Vista stations saw their apprehensions decline from 321,560 in FY1993 to 19,035 in FY2004 — a reduction of 94% over the 12 year period.” Whenever someone makes this argument they should be immediately asked why they have doors and locks on their houses and fences around their property. Physical barriers work and are very effective, period.

In order to get this done, Congress must allow for the construction of the wall in National Parks and refuges along the border. For those that argue that this would destroy habitat and the natural beauty of the environment must only be shown pictures of the devastation of garbage left by illegal border crossers to understand what really causes the destruction of the natural beauty of the desert. Congress should allow for the construction of the fence, all other laws notwithstanding. Once Congress makes the necessary exceptions to allow the construction, it should immediately introduce legislation to appropriate funds for construction of the wall. This would have some very positive effects for the nation and the economy. First, companies would have to bid and hire workers to supply the materiel, rent or buy the equipment, and install the fence. Second, the mere action of building the wall and will project a perception that the United States is shifting from tacit approval of illegal immigration to a concerted effort to enforce immigration law; this will itself create an environment whereby illegal immigrants will sense a turning of the tides and many will ultimately make a decision to self deport. Third, this will allow the border patrol to use its resources more efficiently and concentrate on the remaining illegal border crossers which are more likely to be gun traffickers, drug runners, and human smugglers.

Along with the building of the border fence Congress should simultaneously increase the budget for the Coast Guard for additional personnel and equipment to include a drastic increase of boats. What is the reason for that? Because as soon as you complete the border fence, the easiest way for illegal aliens to cross into the United States will be by boat; off the coast of San Diego and in the Gulf of Mexico in Texas.

Once the American public is assured that the borders are secure with a genuine physical deterrent, they will be more receptive to the idea of regularizing the status of those that are left in the country; but not until then! The American public has learned its lesson and will no longer accept empty promises that the border fence will be addressed and that funding will be appropriated at a future date the way they did in 1986. Americans are tired of waiting on Congress to comply with and appropriate the funds for legislation which has been signed into law such as the Secure Fence Act of 2006. Through their actions, first by the State of Arizona as stated in the new AZ1070 law, and then through their will, as reflected in poll after poll, the American people want Systematic Immigration Reform, and they will accept nothing less.

So please… Stop allowing progressives and liberals set the conditions for the argument. The only way to fix a problem, any problem, is to do so thoughtfully, deliberately, and systematically. Building the border fences is STEP I. Nothing can proceed without accomplishing that first critical step. A thousand mile journey begins with a single step… Let’s get started.

Don't Call Them Drunk Drivers

Here we go again. In an “opinion” piece from June 23, Linda Valdez of the Arizona Republic re-enforces the tried (or should I say tired) and true method of the left; vilify Americans while at the same time beatify illegal immigrants.

If people want to make an argument for unfettered, uncontrolled, unmonitored immigration then they should just make it. But please stop glorifying illegal aliens as some sort of altruistic population of innocents who should be exempted from criticism because they are "trying to provide a better life" for their kids or family or by using the "we wouldn't have any onions, lettuce,oranges, etc... if it weren't for illegal aliens," meme. give me a break.

First you have to swallow the supposition that the people that cross the border, in violation of federal law, are "migrants." Well the cold hard fact is this: these people are illegal aliens, criminals; just because they are not violent does mean that they do not commit crimes.

Second, even if you recognize that they are illegal aliens, you must somehow absolve them of any wrongdoing once they are in the country. Notice how the illegal alien mother people love to imagine in these hypothetical scenarios, apparently, bears no responsibility for putting her own son in danger of being arrested for violating the law, just so she can get a loaf of bread and a gallon of milk. What kind of parent are we talking about here? How much more selfish could she possibly be? Here are all these illegal immigrants in this country and Ms. Valdez seems to believe that illegals should be allowed to come and go as they please without any fear of being arrested or deported. That there shouldn't be any consequences for there actions because they pick onions.

And finally you must delude your self into thinking that crossing the border illegally is the ONLY crime/violation of the law they have committed; never taking into account that illegals drive without valid driver's licenses, drive without insurance, present fraudulent documentation to get jobs, steal social security numbers and other identification, fail to pay taxes, and may even commit fraud in order to collect government benefits such as food stamps.

Let us, for a moment, imagine that we use this same logic on drunk drivers. But please, don't call them drunk drivers, call them inebriated chauffeurs. No wait! How about impaired vehicle operators. No, no, no. Stop being so judgmental! They are just commuters. They are just regular people trying to get to work so they can support their families. You shouldn't try to pass laws that further force commuters to go into the shadows. And if a 18 year old commuter is taking his mother grocery shopping he shouldn't fear being arrested for taking his mom to get milk; never mind that his blood alcohol level is .136 and he has been arrested twice before for DUI. Nope. He is just trying to get his momma some milk.

And if you support laws that would prosecute commuters then you must be prejudiced against them and you are only writing these laws to try and get them to stop commuting in your state. Because they aren't doing anything bad, they are just driving under conditions that your average American refuses to drive under. They shouldn't be punished for driving when others refuse to drive. Never mind that in addition to driving while intoxicated they run red lights, fail to yield, speed, fail to signal, and fail to maintain reasonable and prudent distance from the vehicle in front of them. Those are just harassment laws designed to persecute commuters. and putting breath-analyzers in cars is just pure persecution; no one should have to "prove" their sobriety before commuting. We shouldn't pass laws that would discourage commuters from driving. Leave commuters alone.

Silly? Absolutely!! But that is the argument from the left; it doesn't make any logical or common sense when applied to any other group of people or any other type of law, and yet they continue to make it.

How sad.

Why Somos (We Are) Republicans Aren’t

An acquaintance of mine sent me a link to an article titled “Somos Republicans” will not be endorsing Gabriela Mercer in which Somos Republicans expressed that they would not support Gabriela Mercer in a race against Raul Grijalva.  I have read about Ms. Mercer’s announcement to run in Arizona’s 7^th Congressional District, but I was curious as to why “Somos Republicans” won’t endorse her candidacy.  I didn’t understand why any Republican organization would immediately rule out an endorsement without even waiting to see how many candidates there are and which one best aligns with its values.  I didn’t know much about “Somos Republicans” so I went to their website and started to analyze it.  The more I dug in the more I believe that this group should not be called “Somos Republicans” (We are Republicans) rather “Apenas Republicans” (Barely Republicans).   How did I come to this conclusion? Well… 

First let’s discuss Somos Republicans’ Principles.  Let me just say that I also believe in the Right to Life; free market capitalism, low taxes, small government, the Second Amendment, and traditional marriage.  It isn’t until you get to the last “principle” that you begin to understand Somos Republicans’ real raise d’être; Amnesty!  Below is the final principle for “Somos Republicans”:
Humane Viable Immigration Solution. Tough immigration is not a conservative “value” but rather an issue.  This issue needs to be dealt with in a manner that directly affects the well-being of our community. We believe this issue has been largely ignored, and it has placed Republicans and our community in a predicament which is inconsistent with the economic realities of our Free Market Capitalism, labor demands, and humanitarian tradition. Therefore, it is imperative that we promote a viable solution to this dilemma that is in concert with our economic demands. Such humane and viable solutions ought to resonate with ideals of President Reagan, Bush, and Conservative Think Tanks–such as the Goldwater Institute, the Hoover Institution, and CATO–that, too, have argued that a solution to this predicament is long overdue.

I tried to ignore the incoherence of the statement and try to dissect what “Somos Republicans” is trying to say.  But this is tough, because as far as I am aware, Immigration is solved.  A person that wants to immigrate into the United States goes to their local consulate or embassy, gets in line and submits an application for entry into the United States, they wait for a visa and when they get it they are free to enter the country and proceed to apply to become a permanent resident and ultimately a US citizen.   I believe what they probably wanted to address in the “principle” is “a humane and viable solution to the illegal immigration issues facing our nation.”  So why don’t they say that?
“Somos Republicans” then states that “tough immigration” is not a “conservative ‘value’” but an issue; “tough immigration” isn’t an issue either, it is an adjectival phrase absent a noun to modify, but I digress.  I assume they are talking about tough immigration policy or laws or legislation or proposals.  Anyway, it isn’t tough immigration they are talking about; it’s really “tough anti-illegal immigration policy” that they are addressing.  And again “Somos Republicans” fails to use the word illegal.   Their “principle” then goes into some rambling about putting “our community” into a predicament. 

The bottom line is: There is nothing inconsistent with people wanting the law to be adhered to and enforced.  The fact that “Somos Republicans” addresses labor demands and economic demands in the statement proves the shortsightedness of the group; with the national unemployment rate over 9% there is no “labor demand.”  I know, I know, illegal immigrants do jobs that Americans won’t do, but if that was the case before it sure isn’t now.  “Somos Republicans” also talks a lot about being “humane,” and a “humanitarian tradition.”  Has anyone at “Somos Republicans” done some research on the Chinese when they came over to build the railroads or the Irish or the Italians to compare the “humane” treatment they received?  The only tradition that I know of is one of working.  People worked and they either found some measure of success or they didn’t.   And the most important part is that the great majority of immigrants prior to the 1960’s all came to the United States legally.  Illegal immigration as a policy issue is a rather recent phenomena.
Finally “Somos Republicans” throws around names like Presidents Reagan and Bush, sprinkle in the Cato and Goldwater Institutes, and the Hoover Institution and Presto! “Somos Republicans” has established its bona fides as a Republican entity. 

But let’s get back to why “Somos Republicans” won’t endorse Gabriela Mercer.  Well they NEVER TELL YOU!!  They mention Ms. Mercer twice in the article; once in the Headline and once in the first sentence when they mention that the Republican Party needs to find a better candidate.  This is a bloggers version of a drive-by shooting.  
“Somos Republicans” leaves the reader contemplating Ms. Mercer’s candidacy while they continue on with statistics from a Pew Hispanic Center survey trying to convince the Arizona Republican Party, and anyone else unfortunate enough to be reading the article, that 80% of Hispanics are against “SB1070 type of laws”.  (An assertion that is specious at best and dishonest at worst.) And, that no one should support any candidate that favors SB1070.

There is only one problem.  The Pew study that “Somos Republicans” diligently cites over and over again was conducted in 2008.  As a refresher, SB1070 was passed and signed by Governor Brewer in 2010.  So whatever questions were asked by the Pew Hispanic Center, they were not in regards to SB1070. 

In addition to this small, seemingly insignificant fact; is the fact that in the same Pew Study, only 44% of the over 2000 people that were interviewed, were US citizens and registered to vote. 
“Somos Republicans” then let’s their target audience, the Arizona Republican Party, know that any Hispanic who supports SB1070 is a “token” “yes-man” and that these Hispanics don’t know how Latinos really feel.  This is the tired old meme taken right out of the leftist book of tactics and is nothing more than an attempt to marginalize and silence anyone who disagrees with “Somos Republicans” view on illegal immigration: if you can convince everyone that pro-SB1070 Hispanics are “tokens” then they aren’t worth listening too because they are a super small minority. To discredit the people who disagree with you by calling them names is something worthy of a 4^th grade playground; How truly juvenile. 

Then… the coup de grâce!!  “Somos Republicans” tells the Republican Party that it must “prove to the increasing number of Hispanic voters that all Republicans are not a bunch of bigots who want to empty a clip on “illegals.” So, the burden of proof is on Republicans to prove they are NOT a bunch of bigots.  This can be accomplished by denouncing those that “Somos Republicans” says should be denounced. (For the Record: I do believe that Virgil Peck should be held to account for what he said.)  And then mention Russell Pearce, J.D. Hayworth, Tom Tancredo, and Steve King, so no one gets confused about who “Somos Republicans” considers extremists.  And finally…. the digestif to wash the whole thing down, “Somos Republicans” reminds everyone that they are Ronald Reagan Republicans and want to restore the Party of Abe Lincoln. 

First, to the Republican Party:  Be aware of what this group stands for: AMNESTY! If you are pro amnesty then you have found the right Latino group for you. If you chose to affiliate yourself with “Somos Republicans” be aware that you are taking the side of illegal aliens over law abiding immigrants and citizens (Somos is anti-SB1070 and Pro-Sanctuary City), you are taking the side of illegal students from foreign countries over US Citizens from out of state (Somos is Pro-DREAM Act), and you will be affiliated with the pro-amnesty movement. I am a Hispanic that believes in the rule of law and supports efforts such as Arizona SB1070 to control the illegal immigration crisis in the United States. I am one of the tokens of whom “Somos Republicans” speaks, but I am not alone. Ignore me at your peril. 

To Gabriela Saucedo Mercer:  I do not know you personally but, as they say; you can tell a lot about a person by who his/her “enemies” are.  And if Somos Republicans is your “enemy” then I support you in your efforts to unseat Raul Grijalva in Arizona Congressional District 7 as should every republican in the state.

The Nightmare that is the Dream Act

**This blog entry was written previously and is being reposted here.  I will post all of my previous articles here as a method to consolidate all articles in one location**
Keep this article in mind when you hear this Act is again before Congress for passage. RRB

The DREAM Act is a complete and utter disaster. The DREAM Act as it is currently proposed is nothing more than a thinly veiled attempt to pass amnesty to a vast number of illegal aliens.  This act does nothing to solve the current illegal alien crisis and should be opposed by all Americans who believe in the rule of law.  I went online and read the proposed act to see what all the hubbub is about.  First of all let me just say that I am not a lawyer, but fortunately you don’t need to be to understand what the DREAM Act is trying to do nor how it is trying to do it.  The surprise here is how overt liberals have become in telling the American public exactly what they plan.  The only catch is that the American public has to read the act and engage as necessary.  I am not writing this as an opinion commentary, this is a column to inform you of what is in the act.  If you don’t agree you need to get off you duff and start calling your senator and congressman.  You have no idea what this act allows for and the politicians advocating its passage don’t want you to know, because if you knew there would be a national uprising of indignation and disgust.  Here’s hoping for a little of that.

Before we get too far, there are parts of this act that might require a lawyer but I will only address those portions which I both think are egregious and are straightforward. There is no way that a congressman should be able to argue that he/she didn’t understand the language or that he/she wasn’t aware of the consequences, etc…   I have excerpted the part of the bill in question so you can see the language yourself.  So here we go!!!

SEC. 3. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR PURPOSES OF HIGHER EDUCATION BENEFITS.

(a)   In General- Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is repealed.
The federal law mentioned above prohibits illegal aliens from getting instate tuition. I would like to take the time to point out the irony that any state that allows illegal immigrants to get instate tuition is violating federal law, this would be the perfect example of Preemption, unfortunately the federal government won’t stop this practice.

SEC. 4. CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS OF CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE UNITED STATES AS CHILDREN.

(a) Special Rule for Certain Long-Term Residents Who Entered the United States as Children
(1) IN GENERAL- Notwithstanding any other provision of law and except as otherwise provided in this Act, the Secretary of Homeland Security may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, subject to the conditional basis described in section 5, an alien who is inadmissible or deportable from the United States, if the alien demonstrates that–
(A) the alien has been physically present in the United States for a continuous period of not less than 5 years immediately preceding the date of enactment of this Act, and had not yet reached the age of 16 years at the time of initial entry;
This act would allow anyone who is 5 years plus one day who was brought into this country as a newborn to be eligible.  Later in the act it stipulates that the “alien” can be not older than 35 years old to apply.  Has anyone thought about how many people we are talking about?  And once all these people are rewarded with citizenship they can proceed to legalize all of their relatives.
(B) the alien has been a person of good moral character since the time of application;
This essentially forgives anything the alien has done up to the point of application.  So, technically an alien could apply and there would be no consideration of any previous criminality, this might also include DUI, and any other previous arrests and/or convictions.
(2)   WAIVER- Notwithstanding paragraph (1), the Secretary of Homeland Security may waive the ground of ineligibility under section 212(a)(6)(E) of the Immigration and Nationality Act and the ground of deportability under paragraph (1)(E) of section 237(a) of that Act for humanitarian purposes or family unity or when it is otherwise in the public interest.
DHS can waiver anyone and stop them from being deported.  Under the guise of family unity that would essentially include every single illegal “alien” that applies for the program. But in case that isn’t enough DHS can waive deportation if they can find some public interest as determined by DHS.
(d) Exemption From Numerical Limitations- Nothing in this section may be construed to apply a numerical limitation on the number of aliens who may be eligible for cancellation of removal or adjustment of status under this section.
There is no limit to how many people can qualify under this act.  If there are 13 million, so be it. People will wait for years to get approved and, as you will see later; once they apply they cannot be deported if they have pending application.
(f) Removal of Alien- The Secretary of Homeland Security may not remove any alien who has a pending application for conditional status under this Act.
ONCE AN ILLEGAL ALIEN APPLIES HE/SHE CANNOT BE DEPORTED!!!!

SEC. 5. CONDITIONAL PERMANENT RESIDENT STATUS.

(2) HARDSHIP EXCEPTION-
(A) IN GENERAL- The Secretary of Homeland Security may, in the Secretary’s discretion, remove the conditional status of an alien if the alien–
(i) satisfies the requirements of subparagraphs (A), (B), and (C) of paragraph (1);
(ii) demonstrates compelling circumstances for the inability to complete the requirements described in paragraph (1)(D); and
(iii) demonstrates that the alien’s removal from the United States would result in exceptional and extremely unusual hardship to the alien or the alien’s spouse, parent, or child who is a citizen or a lawful permanent resident of the United States.
The DHS can determine a hardship and remove the conditional status of the alien, without the alien having either completed a degree or serving in the armed forces.  Notice that the hardship can affect anyone in his immediate family who is a US citizen.  This paragraph will essentially allow anyone who entered illegally as a child and subsequently had children to stay in the US.

SEC. 7. EXCLUSIVE JURISDICTION.

(c) Employment- An alien whose removal is stayed pursuant to subsection (b) may be engaged in employment in the United States consistent with the Fair Labor Standards Act (29 U.S.C. 201 et seq.) and State and local laws governing minimum age for employment.
Once the alien applies he/she is legally allowed to work. Fancy that! Who needs a guest worker program when all you have to do is go to school or join the army?

SEC. 9. CONFIDENTIALITY OF INFORMATION.

(b)    Penalty- Whoever knowingly uses, publishes, or permits information to be examined in violation of this section shall be fined not more than $10,000.
I’m not completely sure but I think this is a clause that will prohibit the oversight of this program by anyone outside of DHS and the DOJ.  That means there is no way to see what is happening behind the scenes. Who is getting a waiver, who is a hardship, how many are in the program, how many actually completed the requirements.  It is unconscionable that the federal government would legislate that a federal program cannot be audited or examined.

SEC. 11. HIGHER EDUCATION ASSISTANCE.

Notwithstanding any provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), with respect to assistance provided under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), an alien who adjusts status to that of a lawful permanent resident under this Act shall be eligible only for the following assistance under such title:
(1) Student loans under parts B, D, and E of such title IV (20 U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.), subject to the requirements of such parts.


(2) Federal work-study programs under part C of such title IV (42 U.S.C. 2751 et seq.), subject to the requirements of such part.

(3) Services under such title IV (20 U.S.C. 1070 et seq.), subject to the requirements for such services.
The American Tax Payer will foot the bill for the education of all these Illegal aliens getting an education. YOU have to pay for it. You have to subsidize the failure of other governments to offer economic opportunity to their citizens.
There is more in this very short proposition, I recommend everyone read it. Then ask yourself what the hell is going on in this country when not only are we rewarding illegal aliens with the opportunity for an education but we may in fact end up paying for it.  Meanwhile law-abiding immigrants are essentially punished for following the law and trying to do things the right way.
Call your Senator.

"DOMESTIC VIOLENCE " AGAINST ARIZONA

Immigration has become a hot issue once again with the introduction of SB1308, SB1309, and SB1611 in Arizona.  The problem is that confusion and distraction has been created as the State of Arizona tries to address the illegal immigration problem by passing legislation to discourage illegal aliens from coming to Arizona or encourage illegal aliens to leave.  The subsequent court battles then surround the constitutional issue of “birth-right citizenship” and the issue surrounding the 14th Amendment.  But this does not allow for a real and substantive discussion about the real issues. 

 The illegal immigration problem is made to be complex but, in fact, is relatively simple.  It can be summed up thusly:  The federal government of the United States has ignored its responsibility under the Constitution to provide for the “common defence.” Interestingly the "common Defence" is one of the primary reasons for establishing the Constitution in the first place.

By ignoring the illegal immigration crisis on the southern border of the US the federal government has put the “common defence” in jeopardy.  There is no logical argument that can be made that this is not the case.  The Federal government knows the territories of the US are threatened by criminals both foreign and domestic, so much so, that it has erected signs in the Arizona desert warning US citizens that the areas may be monitored and patrolled by members of Drug cartels (here), (here), (here).
 
Providing for the “Common Defence” is one of the powers of Congress under Article I Section 8.  It is the duty of the legislature to accomplish this; through statute and appropriations.  This is a major failing of our government and of the officials our nation has sent to Washington to represent us.
 
Under Article IV, section 4 of the Constitution the States are guaranteed that the Republican Form of Government “shall protect each of them against Invasion; and on application of the legislature, or the Executive (when the Legislature cannot be convened) against domestic Violence.”  There is little doubt that Arizona is victim to both an invasion and “domestic Violence” as it relates to illegal immigrants crossing the international sovereign border of the United States and committing violence inside the boundaries of the US.  Border Security should be the priority effort, both at the Federal and State level.  The Federal government is the guarantor from “domestic Violence” against the States, and Arizona and other states should demand that the Federal government make good on that guarantee.

The single most effective method of coming closer to solving the illegal immigration morass and making good on the guarantee to protect the nation from "domestic violence" and ensure the "common Defence" is to build a physical barrier along the border with Mexico. 
 
A physical barrier/fence/moat will greatly decrease the amount of illegal aliens crossing the border.  According to a report by the Congressional Research Service in 2007, data shows that after the construction of a triple-fence in the San Diego sector apprehensions dropped from 480,000 in FY1996 to 100,000 in FY2002.  The US Border Patrol’s “Imperial Beach and Chula Vista stations saw their apprehensions decline from 321,560 in FY1993 to 19,035 in FY 2004 – a reduction of 94% over the 12 year period.”   And the results for the San Diego sector could be even starker but the fence in the sector can’t be completed due to environmental concerns.  

But the average American doesn’t need studies and reports to validate what we all know intuitively.  Physical barriers work.  There is a reason that “Good fences make good neighbors.”  That is why we have doors on our houses, fences around our yards and gates around our neighborhoods.  We use physical barriers every day, in all aspects of our lives.  You need a badge to access some work areas; everyone must pass through security at the court house and the airport; there are vehicle gates at parking garages, parks and businesses.   The argument that Department of Homeland Security (DHS) Secretary Napolitano made when she said; “show me a 50-foot wall and I’ll show you a 51-foot ladder” is specious at best.  Like Secretary Napolitano, many argue that the fences don’t deter illegal border-crossers, that they will just go to where there is no fence.  But that is entirely the point.  Fences work, period.  A continuous fence would work better.  A continuous double or triple fence with concertina wire at the top and all along the back side would work best.
 
The state of Arizona should force the Federal government to uphold the guarantee stipulated in Article IV, section 4 of the Constitution and put forth an “Application of the Legislature” against domestic Violence.   Take this official step and force the Federal Government to directly and explicitly either comply with or ignore the founding document of our Nation and our Republic.

At least, that way Arizonans will know whether the Federal Government and this administration stand with them or with the illegal criminals crossing the borders everyday.

ANCHOR BABIES AND THE ATTEMPT TO SILENCE CRITICS OF ILLEGAL IMMIGRATION

This is a response to an opinion piece in the Arizona Republic by James Garcia.

“Anchor babies” are identified as such because their parents are illegally in the country.  And, these parents are fully aware that once the child is born he/she/they are immediately eligible for government handouts, among these are WIC subsidies, Food Stamps, housing assistance and welfare.  This term is used to quickly refer to the situation of these children while economizing words. This method of creating terms for people is quite common in society.  I don’t recall anyone ever objecting to the term “crack babies”; a term used to describe children who are born to mothers that are addicted to crack cocaine.  Is this a form of racial slur?  Is this a detestable label?  How about “welfare mother” or “soccer mom” or DINK (dual income no kids), or Yuppie (young upwardly mobile), or X-genner, Y-genner?  And what about the use of the term “Tea bagger,” is this also a detestable label?  This term is also meant “to punish, degrade and dehumanize.”  Has Mr. Garcia ever called for the end to its use? 

This indignation is nothing more than an attempt to marginalize and silence anyone who disagrees with his view on illegal immigration: if you use the term you are racist and therefore your ideas are not worth listening to.  

Mr. Garcia takes offense because his parents are Mexican; from what he indicates his parents arrived and spent their time in the US legally.  Kudos to them!  This does not, however, change the dynamics of the phenomenon we know today as anchor babies.   The United States is financially broke and indebted up to its ears; unfettered immigration is steadily increasing that debt as more and more illegal immigrants come across the border with the sole intention of giving birth to their children in the United States in an effort to abuse the system and to take advantage of the American taxpayer. 

Mr. Garcia then claims that birth-right citizenship is a constitutional right, when, in fact, Rule of Naturalization is a power given to the Legislative branch under Article 1, Section 8 of the Constitution: “To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;”  This would make it statutory, not Constitutional.  I’m sure that Mr. Garcia would then point to the 14^th Amendment as his Constitutional proof, but even Senator Howard, who wrote the 14^th Amendment explicitly stated that it was not intended to apply to aliens: "This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers”…   Senator Lyman Trumbull, Chairman of the Senate Judiciary Committee, elaborated: "What do we mean by 'subject to the jurisdiction' of the United States? Not owing allegiance to anyone else. That is what it means ... It cannot be said of any (one) who owes allegiance ... to some other government that he is 'subject' to the jurisdiction of the United States."  re foreigners, aliens, who belong to the families of ambassadors or foreign ministries."

If Mr. Garcia wants to stop these slurs he should support efforts to eliminate the situation which creates this category of people.  If illegal immigration is the root cause of what society calls “anchor babies” then the logical solution is to eliminate, as much as possible, illegal immigration.  But this is not part of Mr. Garcia’s agenda; he merely wants to squelch people’s right to express their opposition to illegal immigration by feigning indignation instead of talking about a real solution to the illegal immigration problem in the United States.